Alcohol and Drugs and Boating

Lake…check
Boat…check
Alcohol and weed…check.

Just don’t let your guard down.

You got all the fun things for a holiday weekend on the water. Just don’t combine them all or you’ll be calling someone to bail out of jail.

Michigan law strictly prohibits operating a motorboat while under the influence of alcohol or drugs [MCL 324.80176]. This applies to all vessels with a motor, including personal watercraft (PWCs) like jet skis. Similar to driving under the influence (DUI), a Blood Alcohol Content (BAC) of 0.08% or greater is considered operating under the influence (OUI).

Beyond a specific BAC level, officers can also administer field sobriety tests to determine if a boater’s ability to operate the vessel is impaired. This means even with a BAC below 0.08%, a boater exhibiting slurred speech, poor coordination, or difficulty following instructions could be charged with OUI.

324.80176 Operation of or authorizing operation of motorboat while under influence of alcoholic liquor or controlled substance prohibited; visible impairment; violation as felony; penalty; “serious impairment of a body function” defined; operation by person less than 21 years of age; “any bodily alcohol content” defined; requirements; “operate” defined.

Sec. 80176.

(1) A person shall not operate a motorboat on the waters of this state if any of the following apply:

(a) The person is under the influence of alcoholic liquor or a controlled substance, or both.

(b) The person has a blood alcohol content of 0.08 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.

(c) The person has in his or her body any amount of a controlled substance listed in schedule 1 under section 7212 of the public health code, 1978 PA 368, MCL 333.7212, or a rule promulgated under that section, or of a controlled substance described in section 7214(a)(iv) of the public health code, 1978 PA 368, MCL 333.7214.

Penalties for OUI:

A first-time OUI conviction is considered a misdemeanor, punishable by fines, jail time, and the loss of boating privileges. Repeat offenses within ten years can lead to harsher penalties, including felony charges, significant fines, and even imprisonment. Additionally, causing serious injury or death to another person while boating under the influence can result in felony convictions with severe consequences.

Zero Tolerance for Boaters Under 21:

Michigan has a zero-tolerance policy for underage boaters and alcohol. Anyone under 21 years old cannot operate a motorboat with any measurable amount of alcohol in their system. This means even a BAC reading of 0.02% can lead to legal consequences.

Passengers and Alcohol Consumption

While there is no law prohibiting passengers from consuming alcohol on a boat, it’s crucial to be responsible. Excessive drinking by passengers can pose safety risks by:

Distracting the boat operator
Impairing a passenger’s ability to react in an emergency situation
Increasing the risk of falls overboard

It’s important to remember that boat operators are responsible for the safety of all passengers on board. If a passenger’s behavior becomes disruptive or unsafe due to alcohol consumption, the operator could be held liable.

https://www.michigan.gov/dnr/things-to-do/boating/rules-and-regs

Have a good holiday. But don’t forget the meaning of the holiday and why you get to celebrate it!

But can I Drink if I’m Canoeing or Kayaking?